Indiana Bill Regarding Informed Consent and Waiting Periods (SB 374)

SB 374 would extend the waiting period for an abortion from 18 to 48 hours and impose additional disclosure requirements relating to the informed consent to an abortion.

Waiting Period

The bill would extend the waiting period for an abortion from 18 to 48 hours. Health care providers would not be allowed to accept payment for performing or inducing an abortion until after the expiration of the 48 hour waiting period.

Informed Consent

The bill would require a “Conflict of Interest Disclaimer” divulging the following information to a pregnant woman seeking an abortion:

• The amount of the abortion provider’s gross income from the most recently completed taxable year of the abortion provider;
• The percentage of the abortion provider’s gross income from the abortion provider’s most recently completed taxable year that was attributable to the performance of abortions; and
• A statement of the amount of income that the abortion provider would forego if the pregnant woman were to decide to continue the pregnancy to term.

Health care providers would also be required to present all required information under informed consent requirements to a pregnant woman individually in a private room. If a pregnant woman is unable to read the provided materials, the written materials must be read to the pregnant woman. If the pregnant woman is unable to understand the ultrasound imaging, it must be explained to her.

The health care provider and pregnant woman would both be required to sign a separate statement for each required piece of information and service verifying that the provider has complied with each requirement.

Violations

The bill would make it a Level 4 felony for failing to submit a timely pregnancy termination form.

The violation of performing an abortion not expressly provided by law would increase from a Level 5 felony to a Level 4 Felony.

The violation for failing to obtain a parental consent when required would increase from a Class A misdemeanor to a Level 4 felony.

The violation for informed consent requirements would increase from a Class A infraction to a Level 4 felony.

Any person convicted of a crime concerning abortion would also be subject to professional disciplinary action.

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